scholarly journals METHODOLOGY FOR FORMING THE ECONOMIC CONTENT OF THE CONCEPT “CREDIT INSTITUTION”: EVOLUTIONARY OVERVIEW

2020 ◽  
Keyword(s):  
Financial Services ◽  
Financial Institution ◽  
Bank Loan ◽  
Credit Institution ◽  
Legal Entity ◽  
Economic Agents ◽  
The Right ◽  
Legal Entities ◽  
Credit Institutions

It has been found that the history of credit institutions indicates the fact of their existence in the ancient economy. Historically, it has been found that the scientific understanding of the economic content and purpose of credit institutions in economic processes begins with the emergence of the capitalist socio-economic formation. At the same time, it was found that the nature of the predominantly bank loan. Even later, representatives of classical economic theory laid down the basic postulates for understanding the role of credit institutions. Consideration of the evolution of scientific thought on the interpretation of the role of credit institutions in the system of economic relations is impossible without explaining the basic concepts. The significance of credit institutions within the framework of the naturalistic theory of credit, namely as formal intermediaries in the process of redistribution of capital, which do not create but increase capital in circulation by exchanging metal money for paper, is substantiated. Scientific analysis shows that in the framework of the capital theory of credit, the main attention is paid to credit institutions in view not only of intermediation in credit relations, but also taking into account the ability to produce credit by deposit-check issue without the exclusive need to accumulate temporarily free funds as credit resources. The urgent need to interpret the modern nature of credit institutions has been identified. A retrospective analysis of the economic content, nature and peculiarities of the functioning of a credit institution proves the existing difficulty of clearly distinguishing its characteristics that significantly distinguish it from a financial institution. The relationship between the concepts of “credit institution” and “financial institution” in the regulations of different countries is presented. On this basis, it is proved that in Ukraine, at the legislative level, a financial institution absorbs a credit institution by its functional purpose. According to the results of the study, a set of generic features of the credit institution is formulated, which allow to distinguish it among other financial intermediaries, namely: 1) the right to form financial resources by attracting funds from individuals and legal entities on terms of maturity, payment and return; 2) recognition as a legal entity that carries out professional activities in the credit market to provide loans to economic agents on its own terms and at its own risk; 3) implementation of professional mediation in the field of settlements between economic agents. The author's interpretation of the concept of “credit institution” as a legal entity that has the right to carry out monetary intermediation, namely, is authorized to accumulate free cash of individuals and legal entities, including attracting deposits (deposits), their redistribution in compliance principles of lending, as well as the provision of other financial services in the financial market, the content and list of which is determined by the license conditions.

ANALISIS YURIDIS PUTUSAN PENGADILAN NEGERI BLORA TENTANG DUALISME KEPENGURUSAN YAYASAN PENDIDIKAN ISLAM KARTAYUDA YANG AKTA PENDIRIANNYA DIBUAT OLEH DAN DIHADAPAN NOTARIS (Studi Kasus Putusan Perkara PN Blora No. 34/Pdt.G/2015/PN.Bla)

Jurnal Akta ◽  
2017 ◽  
Vol 4 (3) ◽  
pp. 463
Author(s):  
Muslim Ansori ◽  
Akhmad Khisni
Keyword(s):  
Private Schools ◽  
Education System ◽  
Crucial Role ◽  
The State ◽  
Educational Institutions ◽  
Legal Entity ◽  
Non Profit ◽  
The Right

With the enactment of the Education System Act no 20 of 2003 (better known as the Sisdiknas Act), the State has determined that educational institutions should have a legal umbrella in the form of a legal entity, or better known as the Legal Entity Education. As a non-profit organization, the Foundation is the right legal entity that becomes a place for educational institutions, especially private schools. Therefore, of course, Notary has a very crucial role in making notary deed in the form of establishment and deed of change, such as example how in making the right basic budget and not multi interpresatasi for stake holders in the foundation. Therefore, the role of function and authority of the organ of the foundation must be clearly stated in the articles of association, so as not to cause a dispute in the future.KEYWORDS: Notaries, Foundation, Organ Foundation,

scholarly journals Tanggung Jawab Notaris Menggunakan Layanan Ditjen Ahu Online Dalam Hal Pendaftaran Akta Dan Pengesahan Badan Hukum

Acta Comitas ◽  
2020 ◽  
Vol 5 (3) ◽  
pp. 492
Author(s):  
I Gede Agus Yudi Suryawan ◽  
Dewa Nyoman Rai Asmara Putra
Keyword(s):  
Human Rights ◽  
Data Entry ◽  
Conceptual Approach ◽  
Legal Entity ◽  
Administration System ◽  
Directorate General ◽  
The Republic ◽  
Legal Administration ◽  
Legal Entities

In accordance with the Decree of the Minister of Justice and Human Rights Number M-05 HT.01.01 of 2002 concerning the Enforcement of the Legal Entity Administration System at the Directorate General of General Legal Administration of the Ministry of Justice and Human Rights of the Republic of Indonesia, determines that all legal entity settlements include the ratification of the deed of establishment PT, application for approval and submission of deed reports, amendments to articles of association, fiduciary registration, will registration, are carried out with the online Legal Entity Administration System. So the notary has the authority to register all these legal acts online. The purpose of this research is to find out the role of the Notary in registering deeds and legalization of legal entities through the Directorate General of AHU Online services and to find out the responsibilities of the Notary if there are problems in registering deeds and legal entity approval through the services of the Directorate General of AHU Online. This study uses a normative juridical research method using a statutory approach and a conceptual approach. The results of the research, namely, the role of the notary in registering deeds and ratifying legal entities is entering deed data, checking all deed data to avoid data entry errors and the notary has the responsibility if there is an error from the notary's office, the notary will make corrections at a cost of Notary, however in this regard there is still cooperation from the applicant regarding the required data.

scholarly journals ABUSE OF THE RIGHT TO INITIATE BANKRUPTCY PROCEEDINGS

2020 ◽  
pp. 259-264
Author(s):  
В. В. Дутка
Keyword(s):  
The Other ◽  
Legal Entity ◽  
Legal Norms ◽  
Other Hand ◽  
Bankruptcy Procedure ◽  
Good For ◽  
The Law ◽  
The Right ◽  
Ordinary Citizens ◽  
Legal Entities

The relevance of the article is that society’s attitude to the bankruptcy procedure is ambiguous: ordinary citizens who have never been involved in bankruptcy proceedings often perceive it as a certain negative phenomenon that should be avoided and avoided. On the other hand, for many debtors, bankruptcy becomes the “lifeline” with which they can repay their claims to creditors and start financial life “from scratch”. At the same time, it should be noted that many debtors and creditors use the bankruptcy procedure not for the purposes provided by the legislator in the relevant legal norms, but to satisfy only their own interests, to the detriment of the interests of other parties to the case. In this regard, the study of the abuse of the right to initiate bankruptcy proceedings becomes relevant. The article is devoted to the study of abuse of the right to initiate bankruptcy proceedings. The purpose of the article is to study the abuse of the right to initiate bankruptcy proceedings and highlight the author’s vision of this issue. According to the results of the study, the author concludes that the application to the debtor of bankruptcy procedures can be both good for the debtor and to the detriment of the interests of his creditors. Entities that could potentially abuse the right to initiate bankruptcy proceedings are: creditors of the debtor – a legal entity, as well as debtors – legal entities, individuals and individuals – entrepreneurs. The fact of exemption of debtors from the court fee for filing an application to initiate bankruptcy proceedings is not only an unjustified luxury for our state, but also only contributes to the abuse of the right to initiate bankruptcy proceedings by unscrupulous debtors. In order to reduce the number of cases of abuse of the right to initiate bankruptcy proceedings, the author justifies the need to complicate the conditions for opening bankruptcy proceedings, for example, by returning the conditions provided by the Law of Ukraine “On Restoration of Debtor’s Solvency or Recognition of Debtor’s Bankruptcy”.

scholarly journals Recovery of Damages from the Head of an Economic Entity: Legislation of the Russian Federation and Law Enforcement Practice

2019 ◽  
Vol 62 ◽  
pp. 10003
Author(s):  
Y.A. Dorofeeva ◽  
M.N. Zubkova
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Good Faith ◽  
Legal Entity ◽  
Historical Method ◽  
Economic Entity ◽  
Legal Method ◽  
The Russian Federation ◽  
The Right ◽  
Legal Entities

A legal entity as a union recognized in law and absent as an independent entity outside the law, exists and carries out its activities through the governing bodies whose composition and competence are always predetermined by the norms of positive law. Undoubtedly, the rights of the governing bodies of a legal entity, as well as the duties of the head of the organization, must be strictly predetermined and have limits defined by law. Failure of this rule would mean the possibility of abuse of the right by the governing bodies of legal entities, their release from the obligation to lead the organization in good faith and reasonably, evasion from the fulfillment of obligations assumed by the legal entity through the sole executive body or another governing body of the organization. In order to prevent harm to the organization and third parties, the governing bodies of the legal entity, the legislator set certain rules for the activities of the governing bodies of the legal entity, as well as the grounds for applying measures of responsibility for violating such rules. The responsibility of the head includes the recovery of damages caused by his fault to a legal entity. The purpose of the study is to analyze the grounds and conditions for recovery of damages caused by the head of the organization in the legislation of the Russian Federation and arbitration practice. The objectives of the study are to determine the grounds for liability of the head of a legal entity in the form of damages, show the genesis of the formation of Russian legislation and the practice of its use by courts on recovering losses of a legal entity from the head of an organization, identify criteria for determining the presence of both good faith and reasonableness in the behavior of managers of legal entities, brought to responsibility in the form of the obligation to pay damages to the organization they lead. In carrying out the study, such methods were used as: general scientific - analysis, synthesis, comparison, generalization, historical method; private-scientific: formal-legal, comparative-legal, allowing to consider the issues of bringing to responsibility in the form of recovery of damages of the head of a legal entity; Formal legal method for determining the content of abstract categories - reasonableness, good faith, permissible behavior, method of system-structural analysis - to study the possibility of applying damages as a form of responsibility for the guilty behavior of a special entity - the head of a legal entity The result of the study is the establishment of the grounds and conditions for applying to the head (former head) of a legal entity responsibility in the form of recovery of damages caused to the organization managed by it, in the legislation of the Russian Federation and judicial practice. The findings and results of the study can be used for further research and as educational material, in legislative work and in law enforcement practice.

scholarly journals Dampak Sosial-Ekonomi Koperasi Difabel dan Perwujudan Microfinance Access

INKLUSI ◽  
2018 ◽  
Vol 5 (2) ◽  
pp. 217
Author(s):  
Ririn Nopiah ◽  
Puji Amalia Islami
Keyword(s):  
Financial Services ◽  
Social Economic ◽  
Financial Institution ◽  
People With Disabilities ◽  
T Test ◽  
Savings And Loans ◽  
Self Reliance ◽  
The Disabled ◽  
Paired T Test

Microfinance is a financial institution that can be reached by various groups of people, such as disabled groups. Microfinance programs provide access to financial services to people with disabilities in the form of savings and credit. People with disabilities need financial services to improve their economic and social levels. However, in general, existing microfinance has not fully reached the disabled groups. This study aims to describe the implementation of activities and the role of the Self-Reliance Savings and Loans Cooperative (KSP BANK) for the disabled in Yogyakarta. The analysis used in the study is the analysis of Paired T-test with SPSS 16.0 analysis tools. This study shows that the level of social-economic of mermbers with disability has a positive and significant increase after the operation of KSP BANK Difabel for the members with disabilities.[Keuangan mikro merupakan lembaga keuangan yang dapat dijangkau oleh berbagai kelompok masyarakat, seperti kelompok difabel. Program keuangan mikro memberikan akses jasa keuangan kepada difabel baik dalam bentuk tabungan maupun kredit. Layanan jasa keuangan sangat dibutuhkan difabel dalam meningkatkan taraf ekonomi-sosial mereka. Akan tetapi, pada umumnya keuangan mikro yang ada belum menjangkau secara penuh kelompok difabel. Penelitian ini bertujuan untuk mendeskripsikan pelaksanaan kegiatan dan peran Koperasi Simpan Pinjam (KSP) Bangun Akses Kemandirian (BANK) Difabel Yogyakarta. Analisis yang digunakan dalam penelitian adalah analisis uji Paired T-test dengan alat analisis SPSS 16.0. Penelitian ini menunjukkan bahwa Taraf ekonomi-sosial difabel mengalami peningkatan positif dan signifikan setelah adanya koperasi difabel bagi anggota KSP BANK Difabel tersebut.]

scholarly journals Peran Badan Wakaf Indonesia (BWI) Dalam Mengembangkan Prospek Wakaf Uang Di Indonesia

2017 ◽  
Vol 2 (1) ◽  
Author(s):  
Muhammad Aziz
Keyword(s):  
Significant Role ◽  
Financial Services ◽  
Public Confidence ◽  
Business Partners ◽  
Legal Entities

Since established in 2007, Indonesian waqf Board (BWI) which is based upon the mandate of Law No. 41 of 2004 on waqf has had a significant role in the dynamics of waqf management in Indonesia. However, a significant role still has not been completed. The problems of waqf in Indonesia still exist, especially with regard to waqf money (cash waqf). The study is to answer question; how is the role of Indonesian Waqf Board and any effort which should be done, so that the potential of existing cash waqf in Indonesia can grow and develop. From this research, it can be concluded that the role of Indonesian Waqf Board in developing prospects in Indonesia is less maximal. Waqf money can not be mapped on the following things; First, professional nazhir coaching, particularly against individuals or legal entities who are given authority and responsibility as nazhir of money waqf. To improve the quality of human nazhir resources, it can be needed policies that are tentative, or even a steady, so that taste and look for nazhir usefulness. Second, involving strategic business partners engaged in financial services (especially sharia-based), such as banks, cooperatives, Baitul Maal wal Tamwil (BMT) and the like, in the process of promotion and dissemination of money waqf that is being developed by BWI.  All that prospects and public confidence in the waqf money at BWI can flourish. Keywords: Cash Waqf, BWI, Nazhir, Law of the RI Number 41 of 2004 on Waqf

scholarly journals DALAM MENGGERAKKAN SOSIAL EKONOMI MASYARAKAT PEDESAAN (Studi Pada Lembaga Perkreditan Desa (LPD) Desa Adat Pekutatan)

2014 ◽  
Vol 12 (1) ◽  
pp. 69
Author(s):  
Pera Sundarianingsih
Keyword(s):  
Rural Communities ◽  
Financial Performance ◽  
Financial Institution ◽  
Social Economy ◽  
Final Value ◽  
Capital Assets ◽  
The Social ◽  
Village People ◽  
Credit Institutions

This study aimed to evaluate the success of Village Credit Institutions in moving the social economy of rural communities. The indicator that shows the success Village Credit Institutions observed from three (3) aspects, namely Management, Financial Performance, and the role of socio-economic Village Credit Institutions in mobilizing rural communities. The results of this study can be concluded that Village Credit Institutions Management Pekutatan Village People is good enough. Financial performance Village Credit Institutions Village People Pekutatan terms of aspects Capital, Assets, Earnings, and Liquidity obtained by total final value respectively by 100, it is given a healthy predicate. Traditional Village Pekutatan Village Credit Institutions role in moving the social economy of rural communities is not a financial institution that is solely for the benefit / pure business concept but as a socially minded funding institutions regilius.

scholarly journals role of technology in improving the financial inclusivity of banking institution: literature research with Indonesian case

2021 ◽  
Vol 4 (1) ◽  
Author(s):  
I Gst Ngr. Alit Asmara Jaya ◽  
Ida Bagus Putu Purbadharmaja
Keyword(s):  
Financial Services ◽  
Financial Institution ◽  
Qualitative Description ◽  
Improve Performance ◽  
Role Of Government ◽  
Banking Institutions ◽  
The Government ◽  
Banking Institution ◽  
Role Of The Government

This article was written to see how technology plays a role in improving the financial inclusiveness of banking institutions and the role of government and regulator as well. Technology that has grown rapidly in recent decades has been able to make rapid progress in the industry and change people's behavior. Technology is becoming an inevitability that encourages progress in the economy. Banking as one of the supporting sectors of the financial institution industry, need to do efforts continuously to develop through innovation in fulfilling the needs of financial services, in order to improve performance with the application of technology. Using the approach of literature review and former empirical study, the author tries to perform qualitative description analysis of technological role in increasing financial inclusiveness of banking institution and role of the government and regulator as well. The results show that technology has an important role in boosting strategy to increase financial inclusiveness through improving financial performance. Regardless of the role of government and regulator to create condusiveness of the such technological role.

scholarly journals Self-representation of the legal sentity in gourt in accordance with theeхіsting legisla- tion

2021 ◽  
pp. 128-132
Author(s):  
L.A. Kondratyeva
Keyword(s):  
Complete List ◽  
Power Of Attorney ◽  
Legal Entity ◽  
Labor Contract ◽  
The Public ◽  
Procedural Law ◽  
The People ◽  
Administrative Code ◽  
The Right ◽  
Legal Entities

The article is dedicated to the research of the institution of representation in courts, in particular self-representation of the legal entity. This problem has become relevant in connection with the changes in the Constitution of Ukraine under which was introduced so-called monopoly of the attorney. Such changes provide for representation in court solely by attorneys exception of cases listed in articles 131-2 Constitution of Ukraine. At the same time physical persons and the legal entities can represent themselves independently. To that end in the procedural law introduces the concept of self-representation that is the representation different from the attorney representation. The concept of self-representation is enshrined in code of civil procedure art.58, code of commercial procedure art. 56, administrative code art. 55. With the promulgation of Law of Ukraine “On the amendment of some legal acts of Ukraine regarding expansion of possibilities of self-representation in court of the public bodies, authorities of the Autonomous Republic of Crimea, local authorities, other legal entities regardless of the order of creation” dated December 18, 2019 №390-IX significantly expanded circle of persons that can represent legal entity in accordance with the self-representation. According to the author such legislative position establishes the right to represent legal entity in the court not only by the director or by member of the Executive Committee of the legal entity but also by the people who are in an employment relationship. The author considers despite the legal certainty of the norms of Law №390-IX it contains no complete list of persons that can undertake self-representation and the complete list of required documents that is necessary to provide the court. The author suggests which documents can confirm the authorization of the person that exercise self-representation of the legal entity. According to the author self-representation of the legal entity includes participation of the representative of the legal entity which has direct relationship to the legal entity and its powers already exist by internal documents in particular by labor contract. Regarding the attorney representation of the legal entity it arises by force of power of attorney. The author also claims that personal participation in the proceedings which provides self-representation of the legal entity doesn’t waive the right of the legal entity to have the representative in the case i.e. the attorney.

scholarly journals On Criminal Procedure and Criminalistic Measures of Counteracting Crimes Against Legal Entities

2021 ◽  
Vol 15 (1) ◽  
pp. 98-105
Author(s):  
Olga Aivazova ◽  
Galina Vardanyan ◽  
Irina Smirnova
Keyword(s):  
Russian Federation ◽  
Negative Impact ◽  
Criminal Procedure ◽  
Relevant Information ◽  
Criminal Proceedings ◽  
Legal Entity ◽  
Procedure Code ◽  
The Russian Federation ◽  
The Right ◽  
Legal Entities

The article discusses some aspects of proving in cases of crimes against legal entities. The criminalistic description of the victim represented by a legal entity determines specific details of applying criminalistic and criminal procedure measures aimed at the identification, investigation, detection and prevention of such crimes. Under the current Criminal Procedure Code of the Russian Federation, one of the elements of ordering criminal proceedings is the protection of rights and legal interests of organizations that became victims of crimes. Part 1 of Art. 42 of the Criminal Procedure Code of the Russian Federation details this guideline for the first time by giving legal entities, viewed as independent subjects of criminal procedure legal relations, the right to be recognized as victims of criminal actions if the crime inflicted damage on their property or business reputation. Nevertheless, the imperfections in the regulation of legal entities’ participation in criminal proceeding, and the insufficient attention to the specifics of realizing their rights and legal interests in comparison with the physical persons of a similar procedural status give rise to numerous problems. The complex of such problems has a negative impact on the effectiveness of investigating this category of crimes and, as a consequence, on the ability of criminal proceedings to produce the intended result. The literal interpretation of Part 1, Art. 42 of the Criminal Procedure Code of the Russian Federation points out that the consequences of such crimes must include the infliction of two types of damage simultaneously — «to property and to business reputation», which can hardly be considered a good de­finition from the standpoint of juridical technique. Quite naturally, the investigation and court practice shows that law enforcers, while collecting proof on the character and size of damage inflicted on legal entities as a result of a crime, usually limit themselves to proving material damage, and even this damage is not proven in full (the common omission being losses of expected income). As for the damage inflicted on business reputation of a legal entity, its establishment during criminal proceedings is still problematic and, in practice, there is usually a gap in proving it. The authors point out that incomplete character of evidentiary information regarding the infliction of damage on the business reputation of legal entities is inadmissible and present their recommendations for resolving this problem, including the use of specialist knowledge and the improvements in the tactics of specific investigatory actions aimed at obtaining criminalistically relevant information on the case.

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